Chokov v Minister for Immigration & Multicultural Affairs [1999] FCA 823

FEDERAL COURT OF AUSTRALIA

Chokov v Minister for Immigration & Multicultural Affairs [1999] FCA 823

MIGRATION – appeal from refusal of RRT to grant a protection visa – citizens of the Russian Federation – whether the Tribunal erred in law in finding that persecution was not Convention-related – whether persecution may be due to more than one reason – a genuine and well founded fear of persecution on a Convention ground makes a person eligible for refugee status even if the persecution is also due to a matter unrelated to the Convention – whether informers against the mafia constitute a particular social group Migration Act 1958 (Cth) Racial Discrimination Act 1975, s 18 Sex Discrimination Act 1984, s 8 Disability Discrimination Act 1992, s 10 Chan Yee Kin v The Minister for Immigration and Ethnic Affairs [1990] 169 CLR 379, applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang and Ors [1996] 185 CLR 259, applied Morato v Minister for Immigration, Local Government and Ethnic Affairs [1992] 39 FCR 401, referred to Ram v Minister for Immigration and Ethnic Affairs [1995] 57 FCR 569, referred to Jahazi v Minister for Immigration and Ethnic Affairs [1995] 61 FCR 293, followed Thalary v Minister for Immigration and Multicultural Affairs [1997] 73 FCR 437, considered Mohamed v Minister for Immigration and Multicultural Affairs [1998] 83 FCR 234, followed Applicant A v Minister for Immigration and Ethnic Affairs [1997] 142 ALR 331, followed Minister for Immigration and Multicultural Affairs v Zamora [1998] 51 ALD 1, referred to Secretary of State for the Home Department v Sergei Vasilyevich Savchenkov [1996] Imm AR 28, applied

ROMAN CHOKOV & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

NG 124 OF 1998

THE HON JUSTICE MARCUS EINFELD AO SYDNEY

25 JUNE 1999

IN THE FEDERAL COURT OF AUSTRALIA